• Journal of Forest and Environmental Science
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• v.32 no.1
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• pp.82-93
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• 2016

This article presents an overview of the Native Customary Rights to forests and its role in protecting the future of native people of Sarawak, Malaysia. The native people have had a long history and strong relationship with their forests. Existing documents and studies have been critically reviewed and analyzed in order to elaborate the Native Customary Rights which are critical to the native people of this region. To have a better understanding on Native Customary Rights, it is important to answer three related questions: (i) Who is a native of Sarawak, (ii) What is 'custom', and (iii) What is the nature of 'rights'? The roles of Native Customary Rights for economic, political or social reasons, operate through informal rules embedded in the natives' customs and traditions. These rules have never been codified into formal laws because the adat system merely functions to manage the human relations which are tied to culture thus making it difficult to codify the culture into laws. It is evident that there are several issues underlying the development of Native Customary Rights: (i) Native Customary Rights are considered as inferiority to those of the State, (ii) the issue of over-shadowing of traditional laws by the colonial rule and the current statutory laws and, (iii) projects and land schemes involving the Native Land. It is understood that the challenges of promoting Native Customary Rights are daunting task; however, the constitutional laws need to carefully revise to provide a better future for the natives.

• Journal of the Korean association of regional geographers
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• v.19 no.3
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• pp.514-540
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• 2013

Today human rights are the most complex and prominent issue in the system of international law, and the right to housing(housing right) is also recognized as a basic human right in the international human right instruments including the Universal Declaration of Human Rights. This study targets to comprehensive review of the housing rights provisions with 85 international human rights laws and instruments. And the contents and characteristics of housing rights are analyzed with categorization based on housing rights in general, housing rights of workers, socially vulnerable groups, international regional organizations. Housing right takes also the features of universality, indivisibility, interdependence, and right to adequate housing should be interpreted with holistic view including legal security of tenure, accessibility, affordability, location beyond ensuring just a physical housing space. Approaches to the housing right comprehensively reflect the view of the right to development, the perspective of gender equality, the principle of non-discrimination, the participation rights, and orient the housing right should be seen as the right to live somewhere in security(safety), peace and dignity.

• Strategy21
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• s.38
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• pp.13-46
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• 2015

Dokdo issue reaches beyond economic and security interest to Koreans, as it is regarded as symbol of her independence. Albeit the fact that Japan has merely no legitimate title over Dokdo, Japan has been tenaciously insisting their jurisdiction over Dokdo since the independence of Korea. Under such circumstances, public outrage towards Japan is most certainly understandable. Yet, mere outrage itself, lacking in logic and factual grounds, can contribute little if not any, to the desirable solution of the problem. Precedents reveal that dealing maritime issues amid lack of profound understanding in international law has often led to undesirable results, such as the inclusion of Dokdo in the Joint Management Fisheries Zone in 1999 Korea-Japan Fisheries Agreement. In a sense, adroit use of international law is a critical element in preserving Korea's sovereign rights against persistent Japanese plans to rob Dokdo once again. The Dokdo issue is inextricably bound to international law; the legal status of Dokdo as island, the equitable solution of maritime boundary delimitation and effective control, existence of dispute. Yet, the public policies and arguments made by pundits are generally in lack of understanding in international law. It is now the time for Korea to commence on long-term cross-academia / department plans to establish Dokdo strategy as part of the nationwide maritime strategy effectively using international law as its stronghold.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.3-35
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• 2017

For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.

• Journal of the Korean Society of Marine Environment & Safety
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• v.22 no.5
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• pp.430-443
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• 2016

This paper involves the constitutionality of the restrictive by-laws established by the 'College of Maritime Science' at the 'Korea Maritime and Ocean University' when they affect the cadet's fundamental rights, particularly, in connection with the training system of the 'Merchant Cadet Dormitory.' The issue in question is whether the school regulations may fall within a judicially permissible boundary in light of the general principles of constitutional rights in that the rules are enacted by the school itself in accordance with the Article 31, Section 4 of the Constitution and largely regulate the cadets' living conditions on a campus. However, the general scrutiny standard the courts apply requires the school enactments to pass three tests to be justified: (1) legislative authorization, (2) proportionality and (3) non-infringement on the essential elements of the fundamental rights as articulated under Article 37, Section 2 of the Constitution. The review in this paper shows that, first, the by-laws at issue find themselves statutorily authorized by the 'Higher Education Act' and the 'Decree of the Establishment of National Schools', with the proportionality as a second part observed within a justifiable scope and the essential elements of the fundamental rights as the third point not being marred. In conclusion, the school's dormitory training system is not found to cross the line and, however, the school authorities still need to keep overseeing the overall training course to secure the constitutional proportionality.

• English & American cultural studies
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• v.18 no.1
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• pp.121-140
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• 2018

Faced with a series of violent confrontations on civil rights in the State of Alabama in 1963, John F. Kennedy gave a formal speech that heralded the end of his unusually long-drawn-out aloofness from the issue. The speech marked a new phase in Kennedy's political leadership as the thirty-fifth president of the United States employed a rhetoric of moral failure, defining the University of Alabama crisis and the ensuing civil rights struggle as a threat to American federalism and national ideals. This paper employs the formal, neoclassical terms of rhetoric to analyze the distinct mode of persuasion Kennedy employs in which the former U.S. president (1) appeals to moral interpretation as a proper solution to the aggravating social situation and (2) puts an interpretation on civil disorder in Birmingham, Alabama as a major threat to national identity, rather than a regional, largely party-political question.

• International Journal of Computer Science & Network Security
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• v.22 no.8
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• pp.413-419
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• 2022

To have a complete and comprehensive understanding of the research subject and to form an integrated legal framework for it, I have sought comprehensively to cover the major written literature on the issue under consideration. I also benefitted from a wide range of research and academic studies pertaining to the same topic, although that literature did not specifically address the issue of consumer rights in electronic contracting in the Saudi e-commerce system. Rather, it addressed only the civil and criminal protection of the consumer in e-commerce.

• International Journal of Computer Science & Network Security
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• v.22 no.7
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• pp.327-331
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• 2022

The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

• International Journal of Computer Science & Network Security
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• v.22 no.5
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• pp.320-326
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• 2022

The use of the Internet has become commonplace for billions of people on the planet. The rapid development of technology, in particular, mobile gadgets, has provided access to communication anywhere, anytime. At the same time, there are growing concerns about the behavior of people on the Internet, in particular, towards each other and social groups in general. This raises the issue of human rights in today's information society. In this study, we focused on human rights such as the right to privacy, confidentiality, freedom of expression, the right to be forgotten, etc. We point to some differences in this regard, in particular between the EU, etc. In addition, we describe the latest legal regulation in this aspect in European countries. Such methods as systemic, factual, formal and legal, to show the factors of formation and development of human rights in the context of digitalization were used. The authors indicate which of them deserve the most attention due to their prevalence and relevance. Thus, we concluded that the technological development of social communications has laid the groundwork for a legal settlement of privacy and opinion issues on the Internet. Simultaneously, jurisdictions address issues on every aspect of human rights on the Internet, based on previous norms, case law, and principles of law. It is concluded that human rights legislation on the Internet will continue to be actively developed to ensure a balance of private and public interests, safe online access and unimpeded access to it.

• The KIPS Transactions:PartC
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• v.13C no.1 s.104
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• pp.35-44
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• 2006

Current technologies on digital rights management (DRM) have focused on security and encryption as a means of solving the issue of unauthorized copying, that is, locking the content and limiting its distribution to only purchasers. But, illegal content copy should be protected not only from purchasers but also from other principals such as media distributors and content providers. In this paper, we designed and implemented end-to-end digital lights management system that can cover a content protection on the overall value-chains of content distribution. Proposed system provides content protection and secure management of digital rights in creator, provider, and distributor like in purchaser. Accordingly it can provide an environment protecting each principal's digital rights and prohibiting illegal usage of content.